Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
We are aware, Lord, that we are not adequate for each day, ready for each responsibility, or equal to each experience. But in Your presence there comes strength which alone can change our attitude from fear to faith, from caution to courage, and from darkness to light. In that knowledge make us to see clearly, to choose wisely and to act discreetly that we may be true peacemakers in our time.
Make clear in our minds Your Holy Word which says: "Be strong and of good courage; be not afraid, neither be dismayed; for the Lord Your God is with you whithersoever you go" (Joshua 1:9). Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
February 20, 1991
Mr. Paul W. Derrick
214 Outlet Point Blvd.
Columbia, S.C. 29210
Dear Paul:
I have received today a copy of an indictment issued in the U.S. District Court for South Carolina. Regretfully, in accord with Rule 3.12, I am required to suspend you from your official duties as a member of the South Carolina House of Representatives.
In accord with the impact of that Rule the suspension will cancel your privileges of your offices in the Blatt Building; suspend the telephone credit card issued to you; suspend your access to your state centrex telephone system; and suspend all payments from House funds.
I look forward to the favorable resolution of this indictment whereupon your privileges will be reinstated.
Sincerely yours,
Robert J. Sheheen
Received as information.
The following were received and referred to the appropriate committees for consideration.
Document No. 1371
Promulgated By State Board of Education
School Safety Assessment
Received By Speaker February 20, 1991
Referred to House Committee on Education and Public Works
120 day review expiration date June 20, 1991
Document No. 1379
Promulgated By Budget and Control Board (Division of State Fire Marshal)
Fire and Life Safety
Received By Speaker February 20, 1991
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date June 20, 1991
Document No. 1334
Promulgated By Board Of Education
Policies and Procedures Utilized by the State Board of Education in the Approval of Teacher Education Programs Offered By Colleges and Universities in South Carolina
Received By Speaker January 7, 1991
Referred to House Committee on Education and Public Works
120 day review expiration date May 7, 1991
Withdrawn and Resubmitted:
January 22, 1991
February 20, 1991
On motion of Rep. CARNELL, with unanimous consent, the following was taken up for immediate consideration:
H. 3565 -- Reps. Carnell, McAbee, J.C. Johnson, Shirley, Keesley, Gentry, P. Harris, J. Harris and Mattos: A HOUSE RESOLUTION TO INVITE JOHN MARK MCQUOWN OF GREENWOOD TO SING IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MARCH 13, 1991, AT A TIME TO BE DETERMINED BY THE SPEAKER, IN CONJUNCTION WITH THE CELEBRATION OF MENTAL RETARDATION AWARENESS DAY.
Be it resolved by the House of Representatives:
That the members of the House of Representatives hereby invite John Mark McQuown of Greenwood to sing in the Hall of the House of Representatives on Wednesday, March 13, 1991, at a time to be determined by the Speaker, in conjunction with the celebration of Mental Retardation Awareness Day.
Be it further resolved that a copy of this resolution be forwarded to Mr. McQuown.
The Resolution was adopted.
The following Bills and Joint Resolutions were introduced, read the first time and referred to appropriate committees:
H. 3566 -- Reps. Burriss, Keegan, Rogers, McCain, Kirsh, Corning, Sturkie, Wright, J. Harris, Cromer, J. Williams, Waites, Townsend, Wofford and H. Brown: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF AND EXEMPTION FROM THE ADMISSIONS TAX, SO AS TO EXEMPT ADMISSIONS TO PHYSICAL FITNESS CENTERS AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Ways and Means.
H. 3567 -- Reps. Rudnick and Whipper: A BILL TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR THE VIOLATION OF CERTAIN PISTOL LAWS AND SECTION 23-31-190, RELATING TO THE VIOLATION OF CERTAIN FIREARMS LAWS, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 23-31-140, RELATING TO APPLICATIONS TO PURCHASE A PISTOL, SO AS TO REQUIRE A WAITING PERIOD OF SEVEN DAYS FROM THE DATE OF APPLICATION BEFORE DELIVERY OF THE PISTOL TO THE PURCHASER AND REQUIRE THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO PROMPTLY CONDUCT A SEARCH AND NOTIFY THE DEALER IF THE PURCHASER IS INELIGIBLE TO PURCHASE THE PISTOL.
Referred to Committee on Judiciary.
H. 3568 -- Reps. Rudnick and J. Brown: A BILL TO AMEND SECTION 42-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERS OF THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION, SO AS TO PROVIDE THAT THE MEMBERS OF THE COMMISSION MUST BE ELECTED BY THE GENERAL ASSEMBLY, AND TO PROVIDE FOR TRANSITION PROCEDURES FOR THIS PROVISION TO TAKE EFFECT.
Referred to Committee on Labor, Commerce and Industry.
H. 3569 -- Reps. Rudnick, Baxley, Kirsh and Keyserling: A BILL TO AMEND SECTION 58-5-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATES OF CERTAIN GAS, HEAT, AND WATER COMPANIES; SECTION 58-9-540, AS AMENDED, RELATING TO THE RATES OF TELEPHONE AND TELEGRAPH COMPANIES; SECTION 58-11-70, RELATING TO THE RATES OF RADIO COMMON CARRIERS; AND SECTION 58-27-870, AS AMENDED, RELATING TO THE RATES OF ELECTRIC UTILITIES, SO AS TO ELIMINATE THE RIGHT OF THESE UTILITIES OR COMPANIES TO PUT REQUESTED RATE INCREASES INTO EFFECT UNDER BOND DURING THE PENDENCY OF AN APPEAL; AND TO REPEAL SECTION 58-1-50 RELATING TO CERTAIN INTEREST REQUIRED WHEN PROPOSED RATE INCREASES PUT INTO EFFECT UNDER BOND ARE DISALLOWED IN WHOLE OR IN PART.
Referred to Committee on Labor, Commerce and Industry.
H. 3570 -- Reps. Rudnick, Kirsh, Keyserling, Baxley and Barber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-215 SO AS TO PROVIDE THAT A CANDIDATE WHO EXECUTES A CERTAIN CANDIDACY PLEDGE WITH A POLITICAL PARTY FOR PURPOSES OF OFFERING FOR ELECTION TO A PARTICULAR OFFICE IN THAT PARTY'S PRIMARY ELECTION AND WHO IS LATER ELECTED TO THAT OFFICE IS REQUIRED TO RESIGN THIS OFFICE FIRST BEFORE HE MAY CHANGE HIS POLITICAL PARTY AFFILIATION.
Referred to Committee on Judiciary.
H. 3571 -- Reps. Rudnick, Baxley and Kempe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-325 SO AS TO PROVIDE THAT WHEN A MORTGAGEE OR ASSIGNEE OF A MORTGAGE IS A FINANCIAL INSTITUTION, IT MUST RECORD THE SATISFACTION OR CANCELLATION OF THE MORTGAGE WITHIN THIRTY DAYS OF RECEIPT OF THE AMOUNT NECESSARY TO SATISFY OR CANCEL THE DEBT SECURED BY THE MORTGAGE, TO AUTHORIZE INSTITUTIONS TO IMPOSE A REASONABLE FEE OF NOT MORE THAN TWENTY-FIVE DOLLARS TO COVER THE COST OF RECORDING THE SATISFACTION OR CANCELLATION, TO IMPOSE A PENALTY ON A FINANCIAL INSTITUTION WHICH FAILS TO RECORD THE SATISFACTION OR CANCELLATION, TO MAKE THIS PENALTY AN ALTERNATIVE TO OTHER REMEDIES, TO PROVIDE EXCEPTION, AND TO MAKE THE SECTION APPLICABLE TO MORTGAGES SATISFIED OR CANCELED AFTER DECEMBER 31, 1991.
Referred to Committee on Judiciary.
H. 3572 -- Reps. Rudnick, Manly and Baxley: A BILL TO AMEND SECTION 56-5-4100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST SPILLING LOADS ON HIGHWAYS AND THE MANNER IN WHICH VEHICLES CARRYING LOADS MUST BE DRIVEN AND LOADED, SO AS TO MAKE THE PENALTY PROVISIONS OF THE SECTION APPLICABLE TO CERTAIN PROVISIONS IN THE SECTION WHICH PROHIBIT A VEHICLE FROM BEING DRIVEN ON A HIGHWAY UNLESS IT IS SO CONSTRUCTED AND LOADED AS TO PREVENT ANY OF ITS LOAD FROM ESCAPING FROM THE VEHICLE.
Referred to Committee on Education and Public Works.
H. 3573 -- Reps. Rudnick, Manly and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-15-60 SO AS TO PROVIDE THAT ALL ITEMS FOR SALE IN A GROCERY STORE OR SUPERMARKET MUST HAVE A PRICE TAG AFFIXED WHICH IS IN ARABIC NUMBERS AND VISIBLE TO THE PURCHASER.
Referred to Committee on Labor, Commerce and Industry.
H. 3574 -- Reps. Rudnick and J. Brown: A BILL TO AMEND SECTIONS 38-3-60 AND 38-3-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE THAT HE MUST BE ELECTED BY THE GENERAL ASSEMBLY FOR A TERM OF FOUR YEARS AND UNTIL HIS SUCCESSOR IS ELECTED AND QUALIFIES.
Referred to Committee on Labor, Commerce and Industry.
H. 3575 -- Reps. Manly, Mattos, Cato, Baker, Vaughn, Fair, Jaskwhich and M.O. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-615 SO AS TO PROVIDE FOR REPORTS OF CRIMINAL OFFENSES ALLEGED TO HAVE BEEN COMMITTED AGAINST A CHILD BY A SCHOOL DISTRICT EMPLOYEE ON SCHOOL DISTRICT PROPERTY OR DURING AN OFFICIAL SCHOOL ACTIVITY, INVESTIGATION, PROSECUTION, AND LIMITATION ON EMPLOYMENT.
Referred to Committee on Education and Public Works.
H. 3576 -- Reps. Rudnick, Quinn, Baxley, Cromer, Jaskwhich, Manly and Corning: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 15 TO ARTICLE XVII SO AS TO PERMIT THE ENACTMENT OF LAWS AND CONSTITUTIONAL AMENDMENTS BY INITIATIVE PETITION.
Referred to Committee on Judiciary.
H. 3577 -- Reps. Rudnick and Manly: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO IMPEACHMENT OF CERTAIN EXECUTIVE AND JUDICIAL OFFICERS OF THIS STATE, BY ADDING SECTION 4 SO AS TO PROVIDE A PROCEDURE FOR RECALLING AND REMOVING FROM OFFICE CERTAIN OTHER PUBLIC OFFICIALS OF THIS STATE OR POLITICAL SUBDIVISIONS.
Referred to Committee on Judiciary.
H. 3578 -- Reps. Rudnick, Quinn, Jaskwhich, Manly, Wells, J. Brown and Baxley: A BILL TO AMEND SECTION 16-23-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL PUNISHMENT FOR POSSESSING A FIREARM OR KNIFE DURING THE COMMISSION OF A VIOLENT CRIME, SO AS TO INCREASE THE PENALTY FOR VIOLATION.
Referred to Committee on Judiciary.
H. 3579 -- Reps. Rudnick, Baxley and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-765 SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL GIVE PERIODIC REPORTS CONCERNING THE PROGRESS OF CERTAIN HIGHWAY EXPANSION OR CONSTRUCTION PROJECTS BY CAUSING A PROGRESS REPORT TO BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY OR COUNTIES WHERE THE PROJECT IS LOCATED.
Referred to Committee on Education and Public Works.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch Burriss Carnell Cato Chamblee Clyborne Cooper Corbett Cork Elliott, D. Elliott, L. Fair Farr Foster Fulmer Gentry Gonzales Gregory Hallman Harris, P. Harwell Hendricks Hodges Holt Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Littlejohn Marchbanks Martin, D. Martin, L. Martin, M. McAbee McCain McCraw McElveen McGinnis McKay McLeod Meacham Neilson Nettles Phillips Quinn Rhoad Ross Sharpe Sheheen Shirley Short Smith Snow Stoddard Sturkie Townsend Tucker Waites Waldrop Whipper Wilder Wilkins Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Thursday, February 21.
Robert A. Barber Carole C. Wells Terry E. Haskins Sarah G. Manly J.L. Mann Cromer Lewis R. Vaughn Timothy C. Wilkes Roland S. Corning Dell Baker Michael F. Jaskwhich George H. Bailey John C. Rama Kenneth E. Bailey Thomas E. Huff Maggie W. Glover Alex C. Harvin, III Larry L. Koon Douglas E. McTeer Steve P. Lanford J. Derham Cole Jean L. Harris John G. Felder Timothy F. Rogers James G. Mattos
LEAVES OF ABSENCE
The SPEAKER granted Rep. HAYES a leave of absence for the day, due to out of town legislative business.
The SPEAKER granted Rep. WHITE a leave of absence for the day.
The SPEAKER granted Rep. RUDNICK a leave of absence for the day.
The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.
Announcement was made that Dr. Linda Christmann of Columbia is the Doctor of the Day for the General Assembly.
The following was introduced:
H. 3580 -- Judiciary Committee: A HOUSE RESOLUTION CONCERNING THE RECOMMENDATION OF THE JUDICIARY COMMITTEE ON THE ELECTION APPEAL IN HOUSE DISTRICT 37.
G. Ralph Davenport, )
Protestant-Respondent )
)
vs. )
)
Kathleen Kempe, ) Recommendation
Respondent-Appellant )
)
and the State Election )
Commission and Spartanburg )
County Election Commission )
_____________________________
Whereas, in House District 37 the Board of State Canvassers issued an Order and Appellant Kathleen Kempe filed an appeal from such finding with the House of Representatives; and
Whereas, the appeal was referred to the Judiciary Committee by the Speaker of the House; and
Whereas, the Judiciary Committee has now carefully considered the appeal and by this resolution does specifically make its recommendation of the appeal as follows:
The Judiciary Committee finds that the Order of the Board of State Canvassers dated December 21, 1990, should be reversed, the election of Kathleen Kempe should be declared valid, and Kathleen Kempe should continue sitting as the Representative from House District 37.
Now, therefore, be it resolved by the House of Representatives:
That the recommendation of the Judiciary Committee is adopted, the Order of the Board of State Canvassers dated December 21, 1990, is reversed, the election of Kathleen Kempe is declared valid, and Kathleen Kempe shall continue sitting as the duly elected Representative from House District 37.
Rep. WILKINS explained the House Resolution.
The Resolution was then adopted.
Please let the record reflect that I did not vote in the Resolution concerning my election appeal. (House District 37)
Rep. KATHLEEN G. KEMPE
The following was introduced:
H. 3581 -- Judiciary Committee: A HOUSE RESOLUTION CONCERNING THE RECOMMENDATION OF THE JUDICIARY COMMITTEE ON THE ELECTION APPEAL IN HOUSE DISTRICT 38.
Judy Bradley, )
Protestant-Respondent )
)
vs. )
)
Danny Bruce, ) Recommendation
Respondent-Appellant )
)
and the State Election )
Commission and Spartanburg )
County Election Commission )
_____________________________
Whereas, in House District 38 the Board of State Canvassers issued an Order and Appellant Danny Bruce filed an appeal from such finding with the House of Representatives; and
Whereas, the appeal was referred to the Judiciary Committee by the Speaker of the House; and
Whereas, the Judiciary Committee has now carefully considered the appeal and by this resolution does specifically make its recommendation of the appeal as follows:
The Judiciary Committee finds that the Order of the Board of State Canvassers should be reversed, the election of Danny Bruce should be declared valid, and Danny Bruce should continue sitting as the Representative from House District 38. Now, therefore,
Be it resolved by the House of Representatives:
That the recommendation of the Judiciary Committee is adopted, the Order of the Board of State Canvassers dated December 21, 1990 is reversed, the election of Danny Bruce is declared valid, and Danny Bruce shall continue sitting as the duly elected Representative from House District 38.
Rep. WILKINS explained the House Resolution.
The Resolution was adopted.
I did not cast a vote in the passage of the two resolutions pertaining to the Election Appeals in House District 37 and House District 38.
Rep. DANNY BRUCE
The following Joint Resolution was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 645 -- Senator Bryan: A JOINT RESOLUTION TO PROVIDE THAT FOR THE 1990-91 SCHOOL YEAR, HICKORY TAVERN ELEMENTARY SCHOOL, LOCATED IN LAURENS COUNTY SCHOOL DISTRICT 55, IS EXEMPTED FROM THE REQUIREMENT THAT DAYS MISSED BE MADE UP AS A RESULT OF A FIRE AND ASBESTOS CONTAMINATION AT THE SCHOOL.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3349 -- Rep. Cork: A BILL TO AMEND SECTION 50-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOTTED SEA TROUT AND RED DRUM, SO AS TO REDUCE THE LEGAL CATCH LIMITS FOR SPOTTED SEA TROUT FROM TWENTY TO TEN A DAY AND FOR RED DRUM FROM TWENTY TO FIVE A DAY, TO EXTEND THE CLOSED SEASON FOR GIGGING FOR THESE FISH BY ONE MONTH, TO PROVIDE A CATCH OR POSSESSION LIMIT OF TWENTY A DAY FOR FLOUNDER, AND TO PROVIDE FOR EMERGENCY REGULATIONS BECAUSE OF NATURAL OR MAN-INDUCED PHENOMENA.
H. 3011 -- Reps. Kirsh and Whipper: A BILL TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCY AND OTHER ELIGIBILITY REQUIREMENTS OF CHILDREN TO ATTEND PUBLIC SCHOOLS, SO AS TO DELETE THE PROVISION ALLOWING A CHILD TO ATTEND A PUBLIC SCHOOL IN A PARTICULAR DISTRICT IF THE CHILD OWNS CERTAIN REAL ESTATE IN THE DISTRICT.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.
H. 3181 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-160 SO AS TO ENACT THE ENGLISH FLUENCY IN HIGHER LEARNING ACT TO REQUIRE PUBLIC INSTITUTIONS OF HIGHER LEARNING TO EVALUATE THEIR FACULTIES FOR FLUENCY IN THE ENGLISH LANGUAGE, PROVIDE CERTIFICATES AS TO THAT FLUENCY, PROVIDE FOR PENALTIES FOR NONCOMPLIANCE, AND CONFER POWERS AND DUTIES UPON THE COMMISSION ON HIGHER EDUCATION.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, February 20, by the Committee on Education and Public Works.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. WILKINS moved to adjourn debate upon the following Bill until Thursday, February 28, which was adopted.
H. 3086 -- Rep. Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-105 SO AS TO PROVIDE THAT THE GOVERNING BOARD OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT PROVIDING FIRE PROTECTION SERVICES MAY PLACE AN EMERGENCY BAN ON THE BURNING OF TRASH OR DEBRIS WITHIN THE DISTRICT FOR A SPECIFIED PERIOD OF TIME IF CIRCUMSTANCES REQUIRE AND TO PROVIDE PENALTIES FOR VIOLATIONS.
The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3533 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO LAKE MURRAY - DAILY CREEL AND SIZE LIMIT OF STRIPED BASS (ROCKFISH), DESIGNATED AS REGULATION DOCUMENT NUMBER 1314, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. BENNETT explained the Joint Resolution.
H. 3534 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO PESTICIDE CONTROL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1300, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3535 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC PROGRAM/CURRICULUM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1356, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WRIGHT explained the Joint Resolution.
H. 3304 -- Reps. J. Harris, Tucker, Waldrop, Clyborne and Corning: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIMA FACIE EVIDENCE OF AND PROSECUTION FOR FRAUDULENT INTENT IN DRAWING A CHECK, SO AS TO INCREASE THE SERVICE CHARGE FROM FIFTEEN TO TWENTY DOLLARS.
H. 3555 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO ADJUSTMENT OF DOLLAR AMOUNTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1304, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. L. MARTIN explained the Joint Resolution.
H. 3556 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO GROUNDS FOR REVOCATION OF LICENSE; CHARGES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1329, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. McLEOD explained the Joint Resolution.
H. 3557 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO THE ADMINISTRATION OF THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1328, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 640 -- Senator Williams: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 10 AND 18 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 1991.
On motion of Rep. WILKINS, with unanimous consent, it was ordered that S. 640 be read the third time tomorrow.
The following Bill was taken up.
H. 3092 -- Reps. Bruce, McBride, Chamblee, Rama, Vaughn, Sturkie, Kirsh, Farr, Quinn, Marchbanks, Corning, Wofford and Waldrop: A BILL TO REPEAL ARTICLE 37, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF VEHICLES.
Rep. B. L. HENDRICKS proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11303.DW).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 37, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-5335. A vehicle with a cracked or broken windshield which does not obstruct the driver's view is not considered unsafe or dangerous for purposes of this article."
SECTION 2. Section 56-5-5360(d) of the 1976 Code is amended to read:
"(d) Official inspection stations may charge a fee of not more than two five dollars and fifty cents for each inspection and fifty cents for the issuance of each inspection certificate. Provided, that if any If a vehicle does not pass inspection at any a station and is taken to another place to have such the defect corrected, the fee shall must not be charged again provided if the motor vehicle is taken to the station which originally made the inspection originally. Inspection forms shall must be prepared by the State Highway Department South Carolina Department of Highways and Public Transportation and furnished to inspection stations at a cost of fifty cents each."
SECTION 3. This act takes effect ninety days after approval by the Governor./
Amend title to conform.
Rep. HENDRICKS explained the amendment.
Reps. KEYSERLING, CORK, MANLY, KEMPE, KEEGAN and WOFFORD objected to the Bill.
The following Bill was taken up.
H. 3175 -- Rep. Harvin: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF CAPTIVE INSURANCE COMPANIES, BY ADDING CHAPTER 91 SO AS TO PROVIDE DEFINITIONS OF TERMS USED IN CONNECTION WITH CAPTIVE INSURANCE COMPANIES; TO PROVIDE RESTRICTIONS ON WHAT INSURANCE BUSINESS MAY BE PERFORMED BY A COMPANY AND TO PROVIDE THE REQUIREMENTS FOR LICENSURE AND FOR CONDUCTING INSURANCE BUSINESS IN THE STATE; TO PROHIBIT THE USE OF A COMPANY NAME THAT MAY BE CONFUSED WITH AN EXISTING BUSINESS NAME; TO PROVIDE UNIMPAIRED PAID-IN CAPITAL REQUIREMENTS; TO PROVIDE FEE SURPLUS REQUIREMENTS; TO PROVIDE FOR REQUIREMENTS SPECIFIC TO THE INCORPORATION OF A CAPTIVE INSURANCE COMPANY; TO REQUIRE FILING OF ANNUAL REPORTS; TO PROVIDE FOR INSPECTIONS AND EXAMINATIONS REGARDING ITS FINANCIAL CONDITION, ABILITY TO FULFILL ITS OBLIGATIONS, AND COMPLIANCE WITH THIS CHAPTER; TO PROVIDE FOR CIRCUMSTANCES UNDER WHICH A LICENSE MAY BE SUSPENDED OR REVOKED; TO PROVIDE INVESTMENT REQUIREMENTS; TO AUTHORIZE A COMPANY TO PROVIDE REINSURANCE AND TO PROVIDE REINSURANCE REQUIREMENTS; TO PROVIDE THAT NO COMPANY IS REQUIRED TO JOIN A RATING ORGANIZATION; TO PROHIBIT PARTICIPATION IN OR BENEFIT FROM A PLAN, POOL, ASSOCIATION, OR GUARANTY OR INSOLVENCY FUND; TO PROVIDE A RATE OF TAXATION ON INSURANCE PREMIUMS AND ON ASSUMED REINSURANCE PREMIUMS, TO ESTABLISH A MINIMUM TAX TO BE PAID, TO ESTABLISH PENALTIES FOR FAILURE TO COMPLY, AND TO REQUIRE TEN PERCENT OF THE PREMIUM TAX REVENUES COLLECTED BE APPROPRIATED TO THE SOUTH CAROLINA DEPARTMENT OF INSURANCE FOR REGULATING CAPTIVE INSURANCE COMPANIES; TO AUTHORIZE THE PROMULGATION OF REGULATIONS; TO PROHIBIT THE APPLICATION OF OTHER TITLE 38 PROVISIONS TO CAPTIVE INSURANCE COMPANIES; TO ESTABLISH THE CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND TO PROVIDE FINANCIAL MEANS FOR ADMINISTRATION OF THIS CHAPTER; AND TO PROVIDE THAT TITLE 38 INSURANCE REORGANIZATION, RECEIVERSHIPS, AND INJUNCTIONS APPLY TO CAPTIVE INSURANCE COMPANIES.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\1219.AC), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 38 of the 1976 Code is amended by adding:
Section 38-91-10. As used in this chapter, unless the context requires otherwise:
(1) 'Affiliated company' means a company in the same corporate system as a parent by virtue of common ownership, control, operation, or management.
(2) 'Captive insurance company' means a company formed or licensed under the provisions of this chapter that insures risks of its parent and affiliated companies.
(3) 'Commissioner' means the commissioner of the South Carolina Department of Insurance.
(4) 'Department' means the South Carolina Department of Insurance.
(5) 'Parent' means a corporation, partnership, or individual that directly or indirectly owns, controls, or holds with power to vote more than fifty percent of the outstanding voting securities of a captive insurance company.
Section 38-91-20. (A) A captive insurance company, when permitted by its articles of incorporation or its charter, may apply to the commissioner for a license to do any and all insurance business authorized in this title. However:
(1) No captive insurance company may insure a risk other than those of its parent and affiliated companies.
(2) No captive insurance company may provide personal motor vehicle, homeowner's, workers' compensation, life, or accident and health insurance coverage or a component of them.
(3) No captive insurance company may accept or cede reinsurance except as provided in Section 38-91-110.
(B) No captive insurance company may do any insurance business in this State unless:
(1) it first obtains from the commissioner a license authorizing it to do insurance business in this State;
(2) its board of directors holds at least one meeting each year in this State;
(3) it maintains its principal place of business in this State;
(4) it appoints a resident registered agent to accept service of process and to otherwise act on its behalf in this State. If with reasonable diligence, the registered agent cannot be found at the registered office of the captive insurance company, the Secretary of State is deemed an agent of the captive insurance company to receive service of process.
(C)(1) Before receiving a license, a captive insurance company shall file with the commissioner a certified copy of its charter and bylaws, a statement under oath of its president and secretary showing its financial condition, and any other statements or documents required by the commissioner.
(2) In addition to the information required by subsection (C)(1) of this section, each applicant captive insurance company shall file with the commissioner evidence of:
(a) the amount and liquidity of its assets relative to the risks to be assumed;
(b) the adequacy of the expertise, experience, and character of the person who will manage it;
(c) the overall soundness of its plan of operation;
(d) the adequacy of the loss prevention programs of its parent and affiliated companies, as applicable;
(e) other factors required by the commissioner to ascertain whether the proposed captive insurance company will be able to meet its policy obligations.
(D) Each captive insurance company shall pay to the department a nonrefundable fee of two hundred dollars for examining, investigating, and processing its application for license, and the commissioner is authorized to retain legal, financial, and examination services from outside the department, the reasonable cost of which may be charged against the applicant. In addition, it shall pay a license fee of three hundred dollars for the initial licensing period and thereafter the license renewal fee for each succeeding year is three hundred dollars.
(E) If the documents and statements that the captive insurance company has filed comply with the provisions of this chapter, the commissioner may grant a license authorizing it to do insurance business in this State until March first; thereafter, the license may be renewed annually.
Section 38-91-30. No captive insurance company may adopt a name that is the same, deceptively similar to, likely to be confused with, or mistaken for an existing business name registered in this State.
Section 38-91-40. (A) No captive insurance company may be issued a license unless it possesses and thereafter maintains unimpaired paid-in capital of not less than one hundred thousand dollars.
(B) The capital may be in the form of cash or other instruments allowed pursuant to this title.
Section 38-91-50. (A) No captive insurance company may be issued a license unless it possesses and thereafter maintains free surplus of not less than one hundred fifty thousand dollars.
(B) The surplus may be in the form of cash or other instruments allowed pursuant to this title.
Section 38-91-60. (A) A captive insurance company must be incorporated as a stock insurer with its capital divided into shares and held by the stockholders.
(B) A captive insurance company may not have less than three incorporators of whom not less than two must be residents of this State.
(C) Before the articles of incorporation are transmitted to the Secretary of State, the incorporators must petition the commissioner to issue a certificate setting forth his finding that the establishment and maintenance of the proposed corporation will promote the general good of the State. In arriving at this finding, the commission must consider:
(1) the character, reputation, financial standing, and purposes of the incorporators;
(2) the character, reputation, financial responsibility, insurance experience, and business qualifications of the officers and directors;
(3) other aspects the commissioner considers advisable.
(D) The articles of incorporation and the certificate must be transmitted to and recorded by the Secretary of State.
(E) At least one of the members of the board of directors of a captive insurance company incorporated in this State must be a resident of the State.
(F) Captive insurance companies formed under the provisions of this chapter have the privileges and are subject to the provisions of the general corporation law of this State as well as the applicable provisions contained in this chapter. In the event of conflict between the provisions of the general corporation law and the provisions of this chapter, the latter controls. The provisions in this title, pertaining to mergers, conversions, and mutualizations, apply in determining the procedures to be followed by captive insurance companies in carrying out the transactions described therein, except the commissioner may waive or modify the requirements for public notice and hearing in accordance with rules which the commissioner may adopt addressing categories of transactions. If a notice of public hearing is required, and no one requests a hearing, then the commissioner may cancel the hearing.
Section 38-91-70. Every captive insurance company is required to file an annual report with the commissioner pursuant to Section 38-13-80 and quarterly reports if required by the commissioner.
Section 38-91-80. At least once in three years, and whenever it is prudent, the commissioner, or a competent person appointed by him, must visit personally each captive insurance company and thoroughly inspect and examine its affairs to ascertain its financial condition, its ability to fulfill its obligations, and whether it has complied with the provisions of this chapter. Upon application the commissioner, in his discretion, may enlarge this three-year period to five years if the captive insurance company is subject to a comprehensive annual audit during this period, which is of a scope satisfactory to the commissioner and conducted by independent auditors approved by the commissioner. The expenses and charges of the examination must be paid to the department by the company or companies examined.
Section 38-91-90. (A) The license of a captive insurance company to do insurance business in this State may be suspended or revoked by the commissioner for any one or more of the following:
(1) insolvency or impairment of capital or surplus;
(2) failure to meet the requirements of Section 38-91-40 or 38-91-50;
(3) refusal or failure to submit an annual report, as required by Section 38-91-70, or any other report or statement required by law or by order of the commissioner;
(4) failure to comply with the provisions of its own charter or bylaws;
(5) failure to submit to examination or a legal obligation relative to the examination as required by Section 38-91-80;
(6) refusal or failure to pay the cost of examination required by Section 38-91-80;
(7) use of methods that, although not otherwise specifically prohibited by law, render its operation detrimental to or its condition unsound for the public or its policyholders;
(8) failure otherwise to comply with laws of this State.
(B) If upon examination, hearing, or other evidence the commissioner finds that a captive insurance company has committed any of the acts specified in subsection (A) of this section, he may suspend or revoke the license if he considers it in the best interest of the public and the policyholders of the captive insurance company.
Section 38-91-100. No captive insurance company is subject to the restrictions on allowable investments contained in this title; however, the commissioner may prohibit or limit an investment that threatens the solvency or liquidity of the captive insurance company.
Section 38-91-110. (A) A captive insurance company may provide reinsurance, as authorized in this title on risks ceded by another insurer.
(B) A captive insurance company may take credit for reserves on risks or portions of risks ceded to reinsurers complying with the provisions in this title. Prior approval of the commissioner is required for ceding or taking credit for reserves on risks or portions of risks to reinsurers not complying with this title.
(C) In addition to reinsurers authorized under the provisions of this title a captive insurance company may take credit for reserves on risks or portions of risks ceded to a pool, exchange, or association acting as a reinsurer which has been authorized by the commissioner. The commissioner may require other documents, financial information, or other evidence that the pool, exchange, or association will be able to provide adequate security for its financial obligations. The commissioner may deny authorization or impose limitations on the activities of the reinsurance pool, exchange, or association that, in the judgment of the commissioner, is necessary and proper to provide adequate security for the ceding captive insurance company and for the protection and consequent benefit of the public at large.
Section 38-91-120. No captive insurance company is required to join a rating organization.
Section 38-91-130. No captive insurance company is permitted to join or contribute financially to a plan, pool, association, or guaranty or insolvency fund in this State and no captive insurance company, or its insured, or its parent or an affiliated company may receive a benefit from a plan, pool, association, or guaranty or insolvency funds for claims arising out of the operations of the captive insurance company.
Section 38-91-140. (A) Each captive insurance company shall pay to the South Carolina Department of Insurance on or before March first of each year, a tax at the rate of seven-tenths of one percent on the first twenty million dollars and five-tenths of one percent on the next twenty million dollars and three-tenths of one percent on the next twenty million dollars and one-tenth of one percent on each dollar thereafter on the direct premiums collected or contracted for on policies or contracts of insurance written by the captive insurance company during the year ending December thirty-first next preceding, after deducting from the direct premiums subject to the tax the amounts paid to policyholders as return premiums which include dividends on unabsorbed premiums or premium deposits returned or credited to policyholders.
(B) Each captive insurance company shall pay to the South Carolina Department of Insurance on or before March first of each year a tax at the rate of two and one-half tenths of one percent on the first twenty million dollars of assumed reinsurance premium, and two-tenths of one percent on the next twenty million dollars and one and one-half tenths of one percent on the next twenty million dollars and one-tenth of one percent of each dollar thereafter. No reinsurance tax applies to premiums for risks or portions of risks which are subject to taxation on a direct basis pursuant to subsection (A). No reinsurance premium tax is payable in connection with the receipt of assets in exchange for the assumption of loss reserves and other liabilities of another insurer under common ownership and control if the transaction is part of a plan to discontinue the operations of the other insurer, and if the intent of the parties to the transaction is to renew or maintain the business with the captive insurance company.
(C) If the aggregate taxes to be paid by a captive insurance company calculated under subsections (A) and (B) amount to less than five thousand dollars in a year, the captive insurance company shall pay a tax of five thousand dollars for that year.
(D) A captive insurance company is subject to the relevant sanctions in Title 12 if it fails to make returns or pay all taxes assessed by this section within the time required.
(E) Two or more captive insurance companies under common ownership and control must be taxed as though they were a single captive insurance company.
(F) For the purposes of this section, common ownership and control means:
(1) in the case of stock corporations, the direct or indirect ownership of eighty percent or more of the outstanding voting stock of two or more corporations by the same shareholder;
(2) in the case of mutual corporations, the direct or indirect ownership of eighty percent or more of the surplus and the voting power of two or more corporations by the same member.
(G) The tax provided for in this section constitutes all taxes collectible under the laws of this State from a captive insurance company, and no other occupation tax or other taxes may be levied or collected from a captive insurance company by the State or a county, city, or municipality within this State, except ad valorem taxes on real and personal property used in the production of income.
(H) Annually ten percent of the premium tax revenues collected pursuant to this section must be appropriated to the department for the regulation of captive insurance companies under this chapter.
Section 38-91-150. The department may promulgate regulations relating to captive insurance companies as necessary to carry out the provisions of this chapter.
Section 38-91-160. No provisions of this title, other than those contained in this chapter or contained in references contained in this chapter, apply to captive insurance companies.
Section 38-91-170. (A) A fund is created known as the Captive Insurance Regulatory and Supervision Fund to provide the financial means for the department to administer this chapter and for reasonable expenses incurred in promoting the captive insurance industry in South Carolina. The appropriation of ten percent of the premiums tax under Section 38-91-140, and all fees and assessments received by the department pursuant to the administration of this chapter must be credited to this fund. All payments from the Captive Insurance Regulatory and Supervision Fund for personnel, and associated expenses, including contractual services as necessary, must be disbursed from the state treasury only upon warrants issued by the Comptroller General, after receipt of proper documentation regarding services rendered and expenses incurred.
(B) At the end of each fiscal year that portion of the balance in the Captive Insurance Regulatory and Supervision Fund which exceeds one hundred thousand dollars must be transferred to the state general fund.
(C) The Comptroller General may anticipate receipts to the Captive Insurance Regulatory and Supervision Fund and issue warrants based on these anticipated receipts.
Section 38-91-180. The terms and conditions set forth in this title, pertaining to insurance reorganization, receiverships, and injunctions apply in full to captive insurance companies formed under this chapter."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. HARVIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3242 -- Reps. Boan and McElveen: A BILL TO AMEND SECTION 38-63-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE INSURANCE FOR AN INSURED'S SPOUSE, CHILDREN, AND DEPENDENTS AND CLAIMS OF THE INSURED'S CREDITORS, SO AS TO REVISE THE PROVISIONS FOR THE CREDITORS' RIGHTS UNDER LIFE INSURANCE POLICIES AND PROVIDE FOR THE CLAIMS OF CREDITORS OF THE INSURED UNDER VARIOUS OTHER INSURANCE CONTRACTS.
Rep. NEILSON explained the Bill.
Rep. WILKES made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3379 -- Reps. Gregory, Nettles, Short, Wilkins, Kirsh, Boan and J. Brown: A BILL TO AMEND SECTIONS 48-27-130 AND 48-27-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR QUALIFICATION AS A REGISTERED FORESTER INSIDE AND OUTSIDE SOUTH CAROLINA, SO AS TO DELETE THE REFERENCE TO CHARACTER AND REPUTATION, PROHIBIT REGISTRATION OF PERSONS CONVICTED OF A FELONY OR CRIME INVOLVING MORAL TURPITUDE, AND PROVIDE EXCEPTIONS; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD OF REGISTRATION FOR FORESTERS FOR SIX YEARS.
Rep. GENTRY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3507 -- Rep. J. Bailey: A BILL TO REENACT SECTION 38-73-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF UNINSURED MOTORIST PREMIUM; AND TO REPEAL SECTION 56 OF ACT 148 OF 1989 RELATING TO THE REPEAL OF SECTION 38-73-470.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3073 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 44 SO AS TO PROVIDE FOR THE RIGHTS OF MENTAL HEALTH PATIENTS; AND TO REPEAL SECTIONS 44-17-820, 44-23-230, 44-23-1010, 44-23-1020, 44-23-1030, 44-23-1040, 44-23-1050, 44-23-1060, 44-23-1070, 44-23-1090, 44-52-170, AND 44-52-190 RELATING TO THE RIGHTS OF MENTAL HEALTH PATIENTS.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7261.BD), which was adopted.
Amend the bill, as and if amended, Section 44-22-40, SECTION 1, page 5, line 44, by inserting:
/(F) This section does not affect the application of the Adult Health Care Consent Act, Sections 44-66-10 through 44-66-80, to a patient in need of health care./
Amend further by striking Section 44-22-70(A), SECTION 1, page 7, beginning on line 31, and inserting:
/(A) Within six hours of admission a patient must be seen by a physician. Within ten days following admission a treatment team shall establish a treatment plan. For the first two months of inpatient treatment the plan must be reviewed every thirty days by the treatment team. After two months of inpatient treatment, the plan must be reviewed every sixty days. This section does not prohibit review of the plan on a more frequent basis./
Amend further by striking Section 44-22-130, SECTION 1, page 12, beginning on line 25, and inserting:
/Section 44-22-130. Patients involuntarily committed to a facility may have a physical examination to rule out physical conditions which may mimic mental illness./
Amend further by striking SECTION 2, page 16, beginning on line 32, and inserting:
/SECTION 2. Sections 44-17-820, 44-23-1090, 44-52-170, and 44-52-190 of the 1976 Code are repealed./
Renumber subsections to conform.
Amend title to conform.
Rep. WOFFORD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WOFFORD, with unanimous consent, it was ordered that H. 3073 be read the third time tomorrow.
On motion of Rep. G. BROWN, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs.
S. 643 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO SANITARY AND SAFETY RULES FOR SALONS AND SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1322, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The motion period was dispensed with on motion of Rep. PHILLIPS.
Rep. PHILLIPS moved that the House do now adjourn.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Phillips Townsend Tucker
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Baxley Beasley Bennett Brown, G. Brown, H. Bruce Burch Burriss Carnell Cato Chamblee Cole Cooper Corbett Cork Corning Cromer Elliott, D. Elliott, L. Fair Farr Foster Fulmer Gentry Gonzales Gregory Hallman Harvin Harwell Haskins Hendricks Holt Houck Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. McAbee McCraw McElveen McGinnis McKay Meacham Nettles Quinn Rama Ross Sharpe Sheheen Shirley Short Smith Sturkie Vaughn Waites Wells Whipper Wilder Wilkins Wofford Wright Young, A.
So, the House refused to adjourn.
Rep. BURCH moved that when the House adjourns it adjourn in memory of Wayne Segars, former mayor of Jefferson, which was agreed to.
Debate was resumed on the following Joint Resolution, the pending question being the consideration of Amendment No. 3.
H. 3117 -- Reps. Wilkins, Harwell, Huff, Clyborne, Haskins, Corning and Cato: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE OFFICES OF SECRETARY OF STATE, ATTORNEY GENERAL, STATE TREASURER, SUPERINTENDENT OF EDUCATION, COMPTROLLER GENERAL, COMMISSIONER OF AGRICULTURE, AND ADJUTANT GENERAL, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT HE BE APPOINTED BY THE GOVERNOR FOR A TERM COTERMINOUS WITH THAT OF THE GOVERNOR.
Debate was resumed on Amendment No. 3, which was proposed on Tuesday, February 19, by Reps. WHIPPER, KEYSERLING, FOSTER, WHITE and GLOVER.
Rep. WHIPPER explained the amendment.
Rep. CORNING moved to adjourn debate upon the amendment.
Rep. WHIPPER moved to table the motion, which was not agreed to by a division vote of 35 to 53.
The question then recurred to the motion to adjourn debate, which was agreed to.
Reps. WHIPPER, KEYSERLING, FOSTER, GLOVER and WHITE proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\CYY\18176.SD), which was tabled.
Amend the joint resolution, as and if amended, by adding the following new sections to be appropriately numbered which shall read:
/Section ____. It is proposed that Section 1, Article XI, of the Constitution of this State be amended to read:
"Section 1. There shall must be a State Board of Education composed of the members hereinafter specified one member from each of the judicial circuits of the State. The members shall be elected by the legislative delegations of the several counties within each circuit for terms and with such powers and duties as may be provided by law and shall be rotated among the several counties. One additional member shall be appointed by the Governor. One member must be elected from each congressional district of this State by the General Assembly. One member must be elected from the state at large by the Senate and one member must be elected from the state at large by the House of Representatives. Three members must be appointed by the Governor from the state at large. The members of the board shall serve such those terms and the board shall have such those powers and duties as the General Assembly shall specify by law. The board may also have those ex-officio, nonvoting members as the General Assembly shall provide by law."
SECTION ____. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Section 1 of Article XI of the Constitution of this State be amended so as to revise the membership of the State Board of Education by providing that the board shall consist of one member elected by the General Assembly from each congressional district of this State, one member elected from the state at large by the Senate and one member by the House of Representatives, three members appointed by the Governor from the state at large, and those ex-officio, nonvoting members as the General Assembly shall provide by law?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend title to conform.
Rep. WHIPPER explained the amendment.
Rep. WILKINS spoke against the amendment and moved to table the amendment.
Rep. WHIPPER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, K. Baker Baxley Beasley Bennett Brown, G. Brown, H. Bruce Burch Burriss Cato Clyborne Cole Cooper Corbett Cork Corning Elliott, D. Elliott, L. Fair Farr Fulmer Gentry Gonzales Hallman Harris, J. Harvin Haskins Hendricks Hodges Houck Huff Johnson, J.W. Keegan Keesley Klapman Koon Littlejohn Marchbanks Martin, L. Martin, M. McCain McCraw McGinnis McKay Meacham Nettles Quinn Rama Rogers Ross Sharpe Sheheen Smith Snow Sturkie Vaughn Waldrop Wells Wilder Wilkins Williams, J. Wofford Wright Young, A.
Those who voted in the negative are:
Bailey, J. Barber Beatty Carnell Chamblee Cromer Foster Glover Harris, P. Holt Jaskwhich Johnson, J.C. Kempe Keyserling Kirsh Manly Martin, D. McAbee McElveen McLeod Neilson Shirley Stoddard Townsend Tucker Waites Whipper Wilkes Williams, D.
So, the amendment was tabled.
Rep. J. BAILEY moved that the House do now adjourn.
Rep. WILKINS raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Bailey, K. Barber Beatty Brown, G. Carnell Farr Foster Glover Harris, P. Harvin Holt Johnson, J.C. Kempe Keyserling Manly Martin, D. Mattos McAbee McCraw McKay Rogers Ross Townsend Whipper Williams, D. Williams, J.
Those who voted in the negative are:
Alexander, T.C. Altman Bailey, G. Baker Beasley Brown, H. Bruce Burch Burriss Cato Chamblee Clyborne Cole Cooper Corbett Cork Corning Cromer Elliott, D. Elliott, L. Gentry Gonzales Gregory Hallman Harris, J. Haskins Hendricks Hodges Houck Huff Jaskwhich Johnson, J.W. Keegan Keesley Kirsh Klapman Koon Lanford Marchbanks Martin, L. Martin, M. McCain McElveen McGinnis McLeod Meacham Neilson Phillips Quinn Rama Sharpe Sheheen Shirley Smith Snow Stoddard Sturkie Tucker Vaughn Waites Waldrop Wells Wilder Wilkes Wilkins Wofford Wright Young, A.
So, the House refused to adjourn.
Debate was resumed on Amendment No. 3 by Reps. WHIPPER, et al.
Rep. WHIPPER explained the amendment.
Rep. WILKINS moved to table the amendment, which was agreed to.
Reps. FARR, MANLY, G. BROWN and FOSTER spoke against the Joint Resolution.
Rep. WILKINS spoke in favor of the Joint Resolution.
Rep. WAITES proposed the following Amendment No. 6, which was adopted.
Amend the joint resolution, as and if amended, Section 2, line 25, by adding or she after he.
Rep. TOWNSEND moved to continue the Joint Resolution until May 5.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, J. Bailey, K. Barber Beatty Brown, G. Carnell Chamblee Elliott, D. Fair Farr Foster Gentry Gregory Harris, P. Harvin Holt Houck Johnson, J.C. Keesley Kempe Kirsh Manly Martin, D. Mattos McAbee McCraw McElveen McLeod Neilson Phillips Ross Shirley Snow Townsend Tucker Waites Waldrop Whipper Wilder Wilkes Williams, D.
Those who voted in the negative are:
Alexander, M.O. Baker Baxley Beasley Brown, H. Bruce Burch Burriss Cato Clyborne Cole Cooper Corbett Cork Corning Elliott, L. Fulmer Gonzales Hallman Harris, J. Haskins Hendricks Hodges Huff Jaskwhich Johnson, J.W. Keegan Klapman Koon Lanford Littlejohn Marchbanks Martin, L. Martin, M. McCain McGinnis Meacham Nettles Quinn Rama Rogers Sharpe Sheheen Smith Sturkie Vaughn Wells Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to continue the Joint Resolution.
Rep. McELVEEN spoke against the Joint Resolution.
Rep. HUFF spoke in favor of the Joint Resolution.
The question then recurred to the passage of the Joint Resolution on second reading.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Baker Baxley Beasley Brown, H. Bruce Burch Burriss Cato Clyborne Cole Corbett Cork Corning Elliott, D. Elliott, L. Fulmer Gonzales Hallman Harris, J. Haskins Hodges Huff Jaskwhich Johnson, J.W. Keegan Klapman Koon Littlejohn Marchbanks Martin, L. Martin, M. McCain McGinnis Meacham Phillips Quinn Rama Rogers Sharpe Sturkie Vaughn Wells Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Bailey, K. Barber Beatty Bennett Boan Brown, G. Carnell Chamblee Cooper Cromer Fair Farr Foster Gentry Harris, P. Harvin Hendricks Holt Houck Keesley Kempe Kinon Kirsh Lanford Manly Martin, D. Mattos McAbee McCraw McElveen McKay McLeod Neilson Nettles Ross Sheheen Shirley Smith Snow Townsend Tucker Waites Waldrop Whipper Wilkes Williams, D.
So, the Joint Resolution was rejected.
Rep. SHEHEEN moved to reconsider the vote whereby the Joint Resolution was rejected on second reading and the motion was noted.
Rep. ROGERS moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3468 -- Reps. Sheheen, Wilkins and Harwell: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE GEORGE T. GREGORY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, FEBRUARY 27, 1991.
H. 3542 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO COMMEND PEARL F. FRYAR OF BISHOPVILLE FOR HIS MANY AWARDS AND EXCELLENT WORK IN LANDSCAPING, GARDENING, AND PLANT PROPAGATION AND IN PARTICULAR HIS SCULPTURE TOPIARY GARDEN.
H. 3545 -- Reps. R. Young, Gonzales and Holt: A CONCURRENT RESOLUTION TO CONGRATULATE THE HONORABLE CASPER H. PADGETT, SR., UPON HIS RETIREMENT FROM EIGHTEEN YEARS OF SERVICE AS NORTH CHARLESTON MUNICIPAL COURT JUDGE, TO THANK HIM FOR HIS DEDICATED, UNTIRING SERVICE TO HIS COMMUNITY AND THIS STATE, AND TO WISH HIM GOOD HEALTH AND HAPPINESS IN HIS RETIREMENT.
At 12:10 P.M. the House in accordance with the motion of Rep. BURCH adjourned in memory of Wayne Segars, former mayor of Jefferson, to meet at 10:00 A.M. tomorrow.
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